Stewart v. Heineman
CourtNebraska Supreme Court
DecidedApril 7, 2017
Citation(s)296 Neb. 262
Case history
Appealed fromLancaster County District Court
Appealed toNebraska Supreme Court

Stewart v. Heineman, 296 Neb. 262, was a Nebraska Supreme Court case decided on April 7, 2017. The Court upheld the lower court's decision that struck down Nebraska's ban on same-sex couples being licensed as foster parents.[1][2]

Background

A 1995 Nebraska administrative memorandum prohibited same-sex individuals or couples from being licensed as foster parents. Plaintiffs, three same-sex couples, filed suit against Defendants, Dave Heineman, former Governor of Nebraska; Kerry Winterer, former chief executive officer of the Department of Health and Human Services (DHHS); and Thomas Pristow, former director of the Division of Children and Family Services. The Plaintiffs sought to enjoin the Defendants from enforcing the administrative memo and from restricting same-sex couples and individuals from becoming foster parents.[2][3]

Decision

In August 2015, the Lancaster County District Court ruled in favor of the Plaintiffs, ordering the memorandum be rescinded and stricken and that state actors “refrain from adopting or applying policies, procedures, or review processes that treat gay and lesbian individuals and couples differently from similarly situated heterosexual individuals and couples when evaluating foster care or adoption applicants."[4] The Defendants appealed on the grounds of lack of standing, lack of case and controversy, and mootness. The Nebraska Supreme Court subsequently affirmed the lower court's decision.[2]

See also

References

  1. ↑ 296 Neb. 262
  2. 1 2 3 "Stewart v. Heineman". Justia Law. Retrieved September 3, 2023.
  3. ↑ "Stewart and Stewart v. Heineman". American Civil Liberties Union. Retrieved September 3, 2023.
  4. ↑ 296 Neb. at 264-65
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